Nicoll v. Todd

• Citation: 1873 WL 8602,70 Ill. 295
• Parties: FRANCIS B. NICOLLv.JAMES TODD et al.
• Decision Date: 30 September 1873
• Court: Illinois Supreme Court

70 Ill. 295

1873 WL 8602 (Ill.)

FRANCIS B. NICOLL

v.JAMES TODD et al.

Supreme Court of Illinois.

September Term, 1873.

APPEAL from the Circuit Court of Cook county; the Hon. E. S. WILLIAMS, Judge, presiding.

Messrs. PADDOCK & IDE, for the appellant.

Messrs. HOYNE, HORTON & HOYNE, and Mr. B. S. MORRIS, for the appellees.

Mr. CHIEF JUSTICE BREESE delivered the opinion of the Court:

This is an appeal from the equity side of the circuit court of Cook county, in a proceeding instituted therein by Francis B. Nicoll, for assignment of dower, as the widow of Edward A. Nicoll, deceased, in certain lots in the city of Chicago, particularly described in the bill of complaint. James Todd and Henry H. Honore were, with others, made parties defendant, and such proceedings were had that the bill was dismissed as to all except Todd and Honore. The cause was heard on stipulation of the parties involving numerous and complicated facts, which it is unnecessary to notice any further than as they specially belong to this case. The principles and facts underlying the various claims this complainant, at different times, has presented to the courts for dower, were quite fully examined and discussed in Nicoll v. Ogden et al. 29 Ill. 323-391, and we have no desire, nor does this case demand, we should go over the ground then so thoroughly explored.

The defendants claim through one Lewis W. Clark.

The question to which we have directed our attention is the pivotal point on which the case turns, and that is, had Edward A. Nicoll, the husband of complainant, a legal or equitable estate in these premises, as against these defendants, while coverture existed?

That he had not a legal estate, is settled by the case cited, supra. Had he an equitable estate of inheritance in these premises, as against Clark and his grantees?

Charles Butler conveyed the premises to Nicoll and Bushnell by deed recorded January 18, 1843.

On the 18th of July, 1842, Clark purchased the premises of Butler, and received from him, he then holding the legal title, a written contract, duly executed, for the conveyance of these premises, upon making final payment therefor, as provided in the contract. Clark made the first payment on the execution of the contract, and entered at once into the actual possession of the premises, making thereon valuable improvements, such possession being open, visible, exclusive and notorious. Subsequently, Clark, while in possession, made the balance of the...